Meaning of Vesting and Mandatory Contributions 歸屬的意思與強制性供款
Vesting identifies who has the legal right of ownership in a financial interest. Payment of the employee's and employer's mandatory contributions to an MPF scheme's approved trustee gives the employee full and immediate ownership of both as accrued benefits.
Full vesting covers the employer's share as well as the employee's share. Immediate vesting means that no further period of service must be completed before ownership arises. Paying the employer's share does not give the employer continuing ownership of it.
Investment Returns and Losses 投資回報與虧損
Investment income or profit generated by mandatory contributions also belongs fully and immediately to the scheme member, after investment losses are taken into account. This includes returns generated by the employer's mandatory contributions: funding the original contribution does not entitle the employer to keep its returns.
The proportion vested and the investment value are different concepts. Full vesting gives the member ownership of the entire interest; it does not guarantee that investment losses will never reduce its value. Accrued benefits must reflect losses as well as gains.
Members' Voluntary Contributions and TVC 個人自願性供款及可扣稅自願性供款
An employee's own voluntary contributions and a self-employed person's voluntary contributions belong entirely to that employee or self-employed person as accrued benefits when paid to the trustee. The vesting arrangements for employer voluntary contributions must not be applied to these personal contributions.
Tax deductible voluntary contributions (TVC) likewise vest in full in the relevant TVC account holder when paid to the trustee. To determine vesting, first identify the contribution type and the contributor or relevant account holder.
Employer Voluntary Contributions and Leaving Employment 僱主自願性供款與離職
Employer voluntary contributions vest in the employee according to the MPF scheme's governing rules. Those rules may link the vested percentage to length of service. Do not assume that these contributions always vest in full on payment or that every scheme uses the same arrangements.
Even where an employee leaves after a short period, the employer cannot use short service as a reason to reclaim accrued benefits from its mandatory contributions or the vested portion of its voluntary contributions. Any unvested employer voluntary contributions must be dealt with under the scheme's governing rules.
Practice
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